Florida Senate - 2020 (NP) SB 12 By Senator Diaz 36-00263-20 202012__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act for the relief of Jamiyah Mitchell, Latricia 2 Mitchell, and Jerald Mitchell by the South Broward 3 Hospital District; providing an appropriation to 4 compensate them for injuries and damages sustained as 5 a result of the negligence of the South Broward 6 Hospital District; providing a limitation on the 7 payment of attorney fees; providing an effective date. 8 9 WHEREAS, on October 8, 2008, Latricia Mitchell went to 10 Memorial Hospital West, which is operated by the South Broward 11 Hospital District, with pain, vaginal bleeding, and 12 contractions, and 13 WHEREAS, fetal monitoring tracings, which began at 4:33 14 p.m., reflected a fetal tachycardia, minimal fetal heart rate 15 variability, and the absence of accelerations, and 16 WHEREAS, at approximately 5:54 p.m., Mrs.

Mitchell was 17 admitted to Memorial Hospital West, and 18 WHEREAS, medical records reflect that at 6:29 p.m., 19 continued fetal tachycardia, minimal fetal heart rate 20 variability, the absence of accelerations, and variable 21 decelerations were present, and 22 WHEREAS, the minimal variability and absence of 23 acceleration observations continued until approximately 8:44 24 p.m., when Jamiyah Mitchell was finally delivered by caesarean 25 section, and 26 WHEREAS, the hospital’s records indicate the caesarean 27

section was performed due to a nonreassuring fetal heart rate, 28 and 29 Florida Senate - 2020 (NP) SB 12 36-00263-20 202012__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions.

WHEREAS, upon Jamiyah’s birth, there was a presence of 30 meconium-stained fluids, a sign of fetal asphyxiation, and her 31 APGAR score was 3 out of 10, and 32 WHEREAS, Jamiyah suffered a left hemisphere stroke, began 33 having seizures immediately at birth, and was cared for in the 34 neonatal intensive care unit for 7 days after her birth for 35 respiratory distress and seizure activity, and 36 WHEREAS, Jamiyah was also diagnosed with fetal hypoxic 37 ischemic encephalopathy, and magnetic resonance imaging of her 38 brain at 4 days old showed objective findings of a stroke in the 39 left hemisphere of the brain and a hemorrhage of the occipital 40 horn of the right lateral ventricle, and 41 WHEREAS, today, Jamiyah Mitchell is 10 years old and, while 42 she is able to walk and function in most aspects of everyday 43 life of an average girl her age, she suffers from attention-44 deficit/hyperactivity disorder and has a learning disability, 45 and 46 WHEREAS, on or about October 10, 2013, Latricia Mitchell 47 and Jerald Mitchell, Mrs.

Mitchell’s spouse and Jamiyah’s 48 father, individually and on behalf of Jamiyah Mitchell, filed a 49 legal action in the Circuit Court of the 17th Judicial Circuit, 50 in and for Broward County, Case No. 14-005044, against the South 51 Broward Hospital District and other parties, alleging, in part, 52 negligence of the district in failing to establish adequate 53 protocols and procedures for the admission, monitoring, 54 evaluation, testing, and referral to medical specialists of 55 mothers presenting with risk factors for fetal distress, 56 including timely caesarean

section and appropriate oxygenation 57 and ventilation, and 58 Florida Senate - 2020 (NP) SB 12 36-00263-20 202012__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions.

WHEREAS, on or about July 3, 2019, the Mitchells and the 59 South Broward Hospital District entered into a settlement 60 agreement, and 61 WHEREAS, the settlement agreement provides for the payment 62 of $200,000 by the South Broward Hospital District to the 63 Mitchells, pursuant to the statutory limit under s. 768.28, 64 Florida Statutes; the entry of a consent judgment in the amount 65 of $995,000 which limits execution to $795,000; and the South 66 Broward Hospital District’s agreement that it supports a claim 67 bill in the amount of $795,000, NOW, THEREFORE, 68 69 Be It Enacted by the Legislature of the State of Florida: 70 71

Section 1. The facts stated in the

preamble to this act are 72 found and declared to be true. 73

Section 2. The South Broward Hospital District is 74 authorized and directed to appropriate from funds not otherwise 75 encumbered and to draw a warrant in the sum of $795,000 payable 76 to Jamiyah Mitchell, Latricia Mitchell, and Jerald Mitchell as 77 compensation for injuries and damages sustained. 78

Section 3. The amount paid by the South Broward Hospital 79 District pursuant to s. 768.28, Florida Statutes, and the amount 80 awarded under this act are intended to provide the sole 81 compensation for all present and future claims arising out of 82 the factual situation described in this act which resulted in 83 injuries and damages to Jamiyah Mitchell, Latricia Mitchell, and 84 Jerald Mitchell. The total amount paid for attorney fees 85 relating to this claim may not exceed 25 percent of the amount 86 awarded under this act. 87 Florida Senate - 2020 (NP) SB 12 36-00263-20 202012__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions.

Section 4. This act shall take effect upon becoming a law. 88